I have been remiss in not pointing interested readers to Anna Gelpern's terrific posts on the ongoing NML v. Argentina sovereign debt litigation that is going on here in New York. I want to highlight in particular her incredibly useful and interesting account of the scene last week when the U.S. Court of Appeals for the Second Circuit heard...
A recent Lawfare post by Jack Goldsmith noted the appearance of NYU professor Ryan Goodman's controversial new EJIL article, "The Power to Kill or Capture Enemy Combatants." It was followed by an even more provocative summary of it in Slate. Both pieces have launched a very interesting debate between Goodman, on the one side, and a group of well-known LOAC scholars...
The head of the IAEA has urged Iran to allow international inspectors access to a military site near Tehran to explore whether nuclear tests have been carried out there. The UN Special Rapporteur on Human Rights in Counterterrorism, Ben Emmerson, has urged the US to publish a Bush-era detention and rendition program report. On the island of Borneo, Malaysian troops attacked an armed Filipino group with...
Dan Blumenthal of AEI has a thoughtful piece in Foreign Policy on different tactics the U.S. could take to "win a cyberwar" with China. I think it is more about how the U.S. should "fight" the cyberwar with China and other governments that are going to use cyber-attacks against US companies and government entities. Still, what caught my eye are...
Libya has filed yet another brief concerning the admissibility of the case against Saif Gaddafi. The new brief is more than 50 pages long, so it's going to take some time to digest. But we really don't have to go beyond pages 22-24, because Libya's admissions in those paragraphs doom -- or at least should doom, if the Pre-Trial Chamber...
[Christopher N.J. Roberts is Associate Professor of Law at the University of Minnesota Law School.] This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. Convergence The most important studies stimulate a host of unlikely conversations. In this regard, “Getting to Rights,” a path-breaking article that examines...
This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts in this series can be found in the related posts below. This symposium features a series of four responses to articles published in the Harvard International Law Journal's volume 54(1). Over the next few days we will be presenting the responses, as well as commentary from...
Sudan's government has violated UN sanctions on the Darfur region by carrying out airstrikes in the country's west. Israel has plans to launch "Palestinian-only" buses to transport people from the West Bank to Israel, in a move officials claim is designed to reduce traffic congestion but many concerned with civil rights see this as a move toward further segregation. Al-Qaeda has issued an English-language magazine (downloadable) offering advice...
[Sigall Horovitz is a PhD candidate, teaching fellow and Transitional Justice Project Manager at the Hebrew University of Jerusalem, and a member of ALMA – the Association for the Promotion of IHL. A longer version of this op-ed appears on the website of the Israeli Democracy Institute (in Hebrew).] The Palestinians have threatened to complain to the International Criminal Court (ICC) about Israel’s settlement activities...
The win in question concerns the privileged documents the Libyan government seized from Melinda Taylor and her OPCD colleagues while they were meeting with Saif Gaddafi in Libya. In late January, the OPCD asked the Pre-Trial Chamber to order Libya to return the documents and destroy any copies it had made of them. Here is what it argued, as summarized...
This week on Opinio Juris, it was too early for Talk Like a Pirate Day, but we certainly talked a lot about pirates. The reason of course was the Ninth Circuit's decision to agree with Japanese whalers that the Sea Shepherd's activities amount to piracy. Julian wasn't fully confident that "private ends" are broader than financial enrichment, and Kevin strongly...
